SAIYYAD MUSADDIK VAHIDUDDIN KADRI @ IMRAN MANSURI HASANI vs THE STATE OF MAHARASHTRA

2003. After investigation, charge-sheet was filed in the said case against the appellant for the alleged offences punishable under Sections 302 and 201 of the IPC in the District and Sessions Court, Thane, on 7th January 2013. SQ Pathan 4/24 APEAL-1025-2019.doc Since the offence under Section 302 of the IPC was triable by the Court of Sessions, the case came to be transferred to the Court of Sessions for trial. Charge came to be framed against the appellant, to which, he pleaded not guilty and claimed to be tried. The prosecution, in support of its case, examined as many as 14 witnesses- PW1-Kayamuddin Fakir Mohd. Shaikh, who drew the spot panchanama and inquest panchanama, which are at Exhibits 21 and 22; PW2-PI Avinash Bhagwan Bhamare, the first informant who came to the spot on 15 th August 2003, on learning of smoke coming out from the flat in question. PW2- Avinash lodged the FIR (Exhibit 30); PW3-Mohd. Kuber Alam Sadik Husein, who had seen the appellant a week or two prior to the incident in the said flat, owned by the appellant’s brother; PW4-Mohammad Afzal Haji Mohd. Akbar Shaikh, who had learnt that the dead body was of the appellant; PW5-Nafis Ahmed Nasiruddin Bhaldar, th